The Patent Office is staffed with human beings and despite all the laws and regulations the human origin of the decisions takes its toll. But sometimes the diversity of the decisions of the Patent Office is perplexing.

Trade mark application number 2005704971/50 was for a slogan that can liberally be translated as "No booze, no nothing" or "Without Booze, Nothing Goes". The roots of the slogan go into Russian history. The literal translation of the saying is that "one cannot solve a problem without a glass" (of, it is implied, vodka). It is common knowledge that vodka is a national Russian drink. It is also known that vodka is better consumed in company rather than individually. The connotation is that while vodka is being consumed people engage in a lively discussion where every opinion is freely expressed and every problem seems easy to solve. This is a colloquial jocular expression used when the person is at a loss and does not know how to react, behave or solve a problem. The expression is certainly not suited for official use but it is not vulgar or derogatory and can safely be used in a company of people knowing each other well. The application was filed for classes 16 (paper products), 21 (household appliances) 32, 33 (alcohol and soft drinks) and 35 (advertisements).

The Patent Office refused the registration of the trade mark because in the opinion of the Office it did not meet the requirements of the Trade Mark Law (Article 6 – absolute grounds for refusal). The Patent Office stated that the claimed designation had a negative character (it lures people into drinking alcoholic beverages) and thus contradicts public interests.

As a native Russian speaker, I have never heard about such understanding of the expression with all my linguistic background. The applicant attempted to explain to the Patent Office that the expression was a popular saying and did not have the meaning of the words constituting it. The Patent Office explained in return that it was an idiomatic expression (we agree with that). It proceeded to explain that this is an emotionally charged expression that is used when a person using it experiences difficulties in solving a problem and that the problem may be solved only if he uses a stimulating agent (alcohol). The Patent Office stripped the expression of its idiomatic shell and understood vodka as a direct and universal tool to solve any problem. In the opinion of the Patent Office, the consumer of the products marked with that trade mark will have certain associations, for example consumption of the goods and services would be impossible without alcohol. One would have to have a highly sophisticated mind to arrive at such an understanding of a joke.

Let us accept that the Patent Office is more sacred than the Pope. With this assumption in mind let us proceed to further studies. Soon, we stumble over another slogan registered by the Patent Office as a trade mark (number 325836): "Your Way to the Safe Future". There is a list of goods and services behind that trade mark. Suddenly we arrive at a service such as "funeral services, cremation"(!). If we apply reverse engineering to the statements of the Patent Office we shall have to admit that the trade mark "Your Way to the Safe Future" in respect of funeral services does not contradict the public interest and does not arouse negative feelings (imagine a person in need of such services and seeing this trade mark). Further, using the techniques of the Patent Office and stretching the imagination slightly we may infer that our present is not safe enough and that there is a better future to which we are invited by the trade mark owner with the assistance of the Patent Office. Should we strive for the better future? What happens if every person understands the appeal and follows it? Will that not contradict the public interests or will there be nobody to make a judgement on it? So many questions without answers. Indeed, no booze, no nothing!

Vladimir Biriulin

Gorodissky & Partners
Russia 129010, Moscow
B. Spasskaya Str
25, stroenie 3
Tel: +7 495 937 6116 / 6109
Fax: +7 495 937 6104 / 6123
pat@gorodissky.ru
www.gorodissky.com